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(영문) 청주지방법원 2014.11.13 2014고합185
특수강도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2014, at around 03:40, the Defendant d convenience store located adjacent to the “D convenience store” located adjacent to the Cheongju-si, Cheongju-si, and carried into the above convenience store, and she flicked the victim E (E, 23 years old), an employee of the above convenience store who was working in the knter, who was working in the knter. On his left hand, she flicked the victim’s left shoulder with the victim’s left hand. On September 13, 2014, the Defendant dived the victim’s resistance by suppressing the victim’s resistance against the victim’s knter, threatened the victim into the knter, and deducted the victim of the above knter’s 800,500,505,000 won in cash, which is the owner of the said convenience store, and 41,400,000 won in the above knter.

The defendant continued to take 30,00 won in cash, one driver's license, one new card, one national bank card, and one cash withdrawal in the above convenience store, and caused the victim to take the password of the above national bank card, and then withdrawn and deducted 250,000 won in cash in the national bank account of the victim.

Accordingly, the defendant carried dangerous objects at night, and dumped the victim's property to the structure managed by the victim, and forcibly taken the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. On-site photographs, CCTV photographs and fingerprints appraisal records of each convenience store;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant and his defense counsel regarding the claim of mental disability under Article 62-2 of the Social Service Order Criminal Act shall be drunk at the time of the crime of this case.

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